EASON v. MISSOURI PACIFIC RLD. CO.

No. 42,924

191 Kan. 39 (1963)

379 P.2d 351

JAMES C. EASON, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1963.


Attorney(s) appearing for the Case

Ralph M. Hope, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely, Charles S. Lindberg and Ronald M. Gott, all of Wichita, were with him on the brief for the appellant.

Clarence N. Holeman, of Wichita, argued the cause, and Martin A. Aelmore, of Greensburg, was with him on the brief for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This is an action for the recovery of damages sustained by plaintiff when he drove his automobile into the side of a train which was standing on a highway crossing.

Defendant railroad company filed a demurrer to the amended petition on the ground that it did not state facts sufficient to constitute a cause of action in favor of plaintiff and against defendant.

The demurrer was overruled and...

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